Berk v. Choy · ¶70

Pulling these threads together, Delaware's law, as interpreted by the Delaware Supreme Court, requires judges to account for a matter outside the pleadings—i. e., the existence or suffciency of an affidavit of merit (or lack thereof)— when deciding whether to dismiss a medical malpractice case. Rule 12(d), however, forbids such extraneous considerations. And Rule 12 is valid under the Rules Enabling Act (for similar reasons as the Court lays out in its opinion, see ante, at 198–199). So Delaware's law cannot be enforced in federal court.

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